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Draft New Draft
- Date: Sat, 30 Jan 1999 15:43:20 -0500
- From: "Andrew Q. Kraft, MAIP, Executive Director" <email@example.com>
- Subject: Draft New Draft
What follows is a "draft" new draft of the AIP proposal as a merger of the
AIP, CENTRE and ORSC proposals, with parts from DNSO.org and list
discussions, as well (at least where we thought we saw some concensus). This
does not represent concensus of any or all groups, but rather is an attempt
to bring the proposals together, pulling out the coherent parts from each,
into what we hope is a coherent whole. Comments?
1/30/99 DRAFT OF COMBINED AIP / CENTRE / ORSC CONCEPTS
* For Discussion Purposes *
(does not currently represent consensus of any or all groups)
The name of this supporting organization shall be "The Domain Name
Organization" (hereafter, "DNSO"). It shall be established by resolution
of the Board of Directors of ICANN and shall become a functioning part
of ICANN. These Bylaws provide guidance for the operation and management
of the DNSO.
The DNSO is a consensus based policy advisory body within the Internet
Corporation for Assigned Names and Numbers ("ICANN"). The DNSO structure
is based on a General Assembly, a Names Council and a set of
constituencies. The objectives for DNSO are as defined in article VI of
the ICANN bylaws; that is, to develop and recommend substantive policies
and procedures regarding TLDs, including operation, assignment and
management of the domain name system and other related subjects.
The proposed DNSO will not be a legal entity in its own right, but will
be a component of the ICANN corporation. It will be an advisory body
rather than a decision making body, without operational responsibility
and with a minimal budget.
At the inception of the DNSO, its members and supporters reaffirm the
historical rules under which all participants in the domain name system
have operated to date. Nothing about the creation of the DNSO is meant to
overturn the status quo as it exists at the inception. Specifically, the
DNSO reaffirms the rules under which the TLD registries and registrars
have operated to date. In support of such, the DNSO recongizes that
current registries operate under the current RFCs (1591 in particular)
and shall continue to do so until such time the RFC's have been ammended
or replaced through due process. Due process to be accepteable by each
individual registry, individually.
Entities and individuals may participate in DNSO work through the General
Assembly or through constituencies, and they are invited to do so.
2.1 Two Bodies of Membership.
There shall be two bodies of the DNSO, a General Assembly and a Names
2.2 The General Assembly.
The General Assembly is an open body of individuals with a knowledge of
and an interest in issues pertaining to achievement of DNSO objectives,
who are willing to contribute time, effort and expertise in DNSO work
items, including discussion of work items, work item proposal and
development, draft document preparation, participation in working groups
and steering committees. The General Assembly is an open, consensus based
assembly, process oriented rather than member oriented.
2.3 The Names Council.
The Names Council is the Steering Committee for the DNSO, elected from
the General Assembly and dedicated to facilitation, administration and
management of consensus building for each of the DNSO processes.
Consensus based and thoughtfully researched and documented DNSO policy
and standards proposals shall be forwarded to ICANN through Names Council
recommendations. The Names Council shall conduct its business and hold
election for its members in accord with the provisions set forth below.
2.4 Individual Membership.
Any person with a legitimate interest in the activities of the DNSO (as
determined by Article VI of the Bylaws of the Internet Corporation for
Assigned Names and Numbers ("ICANN")) may join as a individual member of
the General Assembly by paying an individual membership fee to be set by
the Names Council or the Organizational Committee. Membership shall be
effective upon payment of the fee, and individual members shall have the
full rights and obligations of membership in the DNSO General Assembly.
2.5 One Vote.
Voting members of the General Assembly are entitled to one vote.
2.6 Reduced Fees.
Reduction or waiver of the applicable annual fee shall be made for
non-profit corporations, student members, retired members, and such other
special categories as may be provided by the Names Council or the
Organizational Committee. Reduction of the applicable annual fee also
shall be made for individual members and corporate members from emerging
nations; the Names Council shall determine an appropriate reduction of
the fee after considering the gross national product, average annual
income, and other relevant economic data of the applicant's home country.
Any member may resign its membership at any time by giving written notice
to the Names Council, accompanied by payment of any outstanding
indebtedness to the DNSO. Resignation shall take effect as of its date
unless some other date is specified. The acceptance of a resignation will
not be necessary to make it effective. No dues previously paid by such
resigning member shall be refunded by the DNSO unless such dues were not
due and payable until after the resignation was received by the DNSO.
3.0 THE NAMES COUNCIL
3.1 Overview and Purpose.
The Names Council shall facilitate cooperation and consensus on policies
regarding the Domain Names System and related subjects, and, in
accordance with Article VI, Section 3(a)(ii) of the Corporation's Bylaws,
the Names Council shall make recommendations on such subjects to the
Board of ICANN. The Names Council shall seek input and review of any
proposed recommendations and Board nominations from all Members. The
processes of the Names Council shall be governed by open and transparent
The Names Council shall be comprised of 24 initial names council seats,
with voting rights divided equally between suppliers and consumers.
Members shall be elected in accord with the schedule in the Appendix,
section A. Thus, initially there would be 6 seats for each supplier
constituency and 4 for each consumer constituency. In the event of
another constituency being recognised, votes are normalised as described
in the Appendix, section B. Members of the Names Council shall serve two
The Names Council will have 5 initial constituencies, balanced between
Domain Name Service Suppliers ("Suppliers") and Domain Name Service
Consumers ("Consumers") as laid out in the Appendix, section C and a
process for adding further constituencies, in the Appendix, section D.
The five (5) initial constituencies are:
(a) Suppliers - TLD Registries;
- Registrars of the TLDs.
(b) Consumers - Infrastructure and connectivity providers;
- Businesses; and
- Organisations primarily concerned with the
interests of trademark owners.
Constituencies may adopt their own structures, as long as they comply
with ICANN bylaws and the criteria laid out in the Appendix, section E.
Constituencies are expected to find sponsors or be self sponsoring.
Constituencies decide on their own representatives for the Names Council,
using a process in accordance with the ICANN bylaws. A person may be
involved in more than one constituency.
3.4 Chair of the Names Council.
The Names Council chair will be selected by the Names Council at or
before the first meeting in each year after a Names Council election;
when selected the chair would lose his or her personal vote in the Names
Council and the constituency must choose another representative for the
Names Council. To ensure fair voting, Names Council chair would only have
a casting (tie-breaking) vote.
3.5 Conduct of Business.
The Names Council shall meet regularly on a schedule determined by its
members, but not less than 4 times per year. Unless otherwise provided, a
majority vote of the members attending a Names Council meeting at which a
quorum is present shall be sufficient for the conduct of its business.
3.6 Meeting Forums.
At least once a year, the Names Council shall meet in person at a
location agreed by its members. All other meetings of the Names Council
may take place in person, by telephone, video, internet, any other
efficient form of electronic conferencing, or by a combination of the
aforementioned modes of communication.
3.7 Meeting Minutes.
At each meeting, the members of the Names Council shall appoint a scribe
to take notes and prepare minutes of the meeting. Subject to the
provisions of Paragraph 3.7 below, the Names Council shall post minutes
of its meeting to the DNSO web site within 2 business days after the
meeting has concluded.
3.8 Open Meetings.
Subject to the provisions of Paragraph 3.7 below, all meetings of the
Names Council shall be open to all DNSO members. Members will be welcome
to observe in-person meetings and, to the extent technically and
financially practicable, listen to all other meetings.
3.9 Names Council - Voting on Record
The Names Council shall record in its minutes the position and views of
every Names Council member on every Names Council action.
3.10 Executive Sessions of Names Council.
When necessary and appropriate to protect the confidentiality of any
matter before it, the Names Council can elect to hold an Executive
Session, which shall be closed to all persons other than Names Council
representatives. By way of example and not by way of limitation, it may
be appropriate for the Names Council to hold Executive Sessions to
discuss private personnel matters.
3.11 Names Council Meeting Attendance Requirement.
In order to ensure a continuously active Names Council, elected members
and At Large members who miss either (a) two consecutive Names Council
meetings or (b) more than 25% of the meetings in any single year, shall
be dropped from the Names Council in the absence of extenuating
circumstances. In the event that a member is dropped, the constituency
shall choose a new representative.
3.12 Conduct of Names Council Meetings.
Robert's Rules of Order (Revised), or whatever other rules shall be
selected by the Names Council, shall govern the conduct of Names Council
meetings on all matters not otherwise specified in these Bylaws or the
4.0 NOMINATION AND ELECTION OF ICANN BOARD MEMBERS
4.1 Elections Committee.
The Names Council shall appoint an Elections Committee each year, which
shall consist of a Chair and four or more members of the General
Assembly, not more than half of whom may be sitting members of the Names
Council. The Elections Committee shall oversee the election of the DNSO's
representatives on the ICANN Board of Directors and provide such other
assistance as requested by the President.
4.2 Nominations for Positions.
Initial candidates for nomination to the ICANN Board will be proposed by
three or more members of the Names Council, none of whom may propose more
than one candidate. Additional nominees can be added by the petition
method set forth in Sectoion 4.3 below. In the case that more candidates
are proposed than there are vacancies for DNSO nominations to the Board,
the positions will be filled using a single transferable vote system. The
DNSO nominees to the ICANN Board will have staggered terms of office to
ensure continuity. Election to the staggered terms shall follow the
method set forth in Section 4. below.
4.3 Nomination by Petition.
The Elections Committee Chair shall call for nominations by petition for
the ICANN Director positions from the General Assembly in an e-mail to
all members and in an announcement posted on the DNSO web site. The
announcement will include procedures for nominations by petition and will
be made at least 30 days prior to the mailing or distribution of ballots.
A petition nominating a DNSO member meeting the eligibility requirements
and supported by the identifiable signatures of at least 50 members of
the General Assembly shall automatically place that member's name on the
slate of nominees, provided such petition is received by the Elections
Committee Chair within 30 days after the call for nominations. Such
petitions must be submitted with the knowledge and agreement of the
Any member of the General Assembly in good standing, not otherwise
disqualified, is eligible for election to the ICANN Board of Directors.
4.5 Ballots and Voting.
The Elections Committee Chair shall provide the names of the nominees,
biographical overviews, and individual position statements for
preparation, mailing, and tallying of ballots to all members of the
General Assembly. The Elections Committee shall use whatever means it
deems appropriate and accurate to distribute, collect and tally ballots.
The candidate(s) receiving the highest number of votes shall be elected
to fill the DNSO slots on ICANN's Board of Directors. For the initial
election, the person receiving the most votes shall be elected to fulfill
the three-year term, the person receiving the next highest number of
votes shall be elected to fulfill the two-year term, and the person
receiving the third highest number of votes shall be elected to fulfill
the one-year term.
4.7 Notification of Election Results.
Immediately upon receiving the election results, the Elections Committee
Chair shall notify all candidates, the DNSO's Officers, Names Council
members, the membership of the DNSO, and the Chair of ICANN's Board of
4.8 Removal of Board Members.
If, in the opinion of the Names Council, a member of the ICANN Board
elected by the DNSO is no longer capable of fulfilling his or her
responsibilities, or is no longer operating in the best interest of the
DNSO, the Names Council may, by 2/3 vote, call a Special Referendum of
the Membership asking for removal of that Board member. If 2/3 of the
General Assembly then votes for removal, the Board Member will then be
In the event of removal of one or more DNSO elected members of the ICANN
Board, the Names Council will appoint one or more members (who is/are not
also currently serving on the Names Council), as a temporary measure. A
2/3 vote of the Names Council shall be necessary for such appointment.
The Names Council will then immediately seek nominations from the General
Assembly or a replacement to serve out the remainder of the removed Board
member's term. No Board member who has been removed will be eligible for
nomination. A Special Election of the Membership shall be held as soon as
practicable from the nominees submitted to the Names Council.
5.0 RESEARCH PROCESS
5.1 Reports and Recommendations.
When requested by ICANN or upon its own initiative, the Names Council
shall submit to ICANN a Report and Recommendation which shall contain the
policy recommendations of the DNSO. Reports and Recommendations made by
the DNSO to ICANN shall be made by the process set forth in this Section
5.2 Research Committees.
For each matter upon which the DNSO makes a recommendation to ICANN,
there shall be a Research Committee which will consider the relevant
issues, research the ramifications of particular actions or inaction,
review the comments and criticisms received by interested individuals and
experts, hold hearings on the issues before it, reach consensus on the
correct resolution of the issue, and draft and revise any Report and
5.3 Composition of Research Committees.
Each Research Committee shall be composed of members of the Names Council
and members of the General Assembly, in equal numbers. In selecting
members of a Research Committee, the Names Council shall be guided by the
need to ensure regional diversity and the desire for professional and
business experience, technical expertise, and academic insight on the
5.4 Expansion of Research Committee Membership.
If, at any time, the members of any Research Committee feels that they
need additional expertise or counsel on the issues before them, they may,
in their discretion and by a majority vote of the committee's members,
expand their membership by adding new committee members from the General
Assembly or from outside the DNSO with the requisite experience or
5.5 Issue Statement.
After its members are appointed, each Research Committee shall meet to
discuss the issue(s) with which it has been presented, prepare a
timetable for the drafting of, and comments and revisions to, the Report
and Recommendation, and draft an Issue Statement. The Issue Statement
shall fairly frame the issue(s) on which the Report and Recommendation
shall be made to ICANN, and whenever practicable, provide an overview of
various positions and possible outcomes. The Research Committee shall
promptly post its proposed timetable and Issue Statement to the DNSO
website and invite comments from the General Assembly.
5.6 Comment Period and Open Meeting.
The Research Committee shall review all comments submitted in response to
the Issue Statement and shall schedule an Open Meeting of the General
Assembly at which interested persons can make additional statements and
discuss the issues presented with the Research Committee. Notice of the
Open Hearing shall be posted on the DNSO web site at least 30 days in
advance, and the Research Committee shall endeavor, to the extent
feasible and practicable, to permit participation by telephone or
videoconference. The Research Committee may hold additional Open
Meetings, if warranted.
5.7 First Request for Comments.
The Research Committee shall review all comments submitted in response to
the Issue Statement and consider the statements made and discussions held
at the Open Hearing and shall draft a Report and Recommendation
containing the tentative conclusions of the Research Committee, along
with a detailed statement of reasons why it has reached its tentative
conclusion. This draft Report and Recommendation shall be posted to the
DNSO website in the form of a "First Request for Comments."
5.8 Fair Hearing Petition.
If, after the First Request for Comments is published, any person,
corporation, or organization (the "Petitioner") feels that the proposal
outlined by the Research Committee either (i) places an unfair burden on
the Petitioner's personal, business, or organizational interests, or (ii)
is not in the best interests of the domain name system, the Petitioner
may request a Fair Hearing. Each Petition for a Fair Hearing shall
include (i) a detailed statement of the harm that would be caused if the
proposal contained in the Request for Comments was adopted as policy;
(ii) a specific reference to the language in the Request for Comments
that would lead to the alleged harm; (iii) a specific proposal for new or
modified language that would alleviate or minimize the alleged harm; and
(iv) a statement of the Petitioner's professional or business interests
that would be impacted in any way by the adoption of its proposed
language. The Research Committee may either adopt the Petitioner's
suggested language or hold a Fair Hearing.
5.9 Pre-Clearance Review.
In addition to filing a Fair Hearing Petition, any member of the Registry
constituency may ask, after the First Request for Comments is issued,
that a proposed policy recommendation undergo a pre-clearance review from
the registries, in order to avoid wasted effort. The Names Counsel shall
establish a pre-recommendation enforceability review process that will
determine whether a substantial plurality (3/4ths) of those who would be
required to implement a proposed policy (registries in most cases and,
voting as a separate group, registrars insofar as they have a direct
contractual relationship with ICANN) will contractually commit to do so.
Policies that do not meet this criteria shall not be forwarded by ICANN
by the DNSO.
5.10 Fair Hearing.
A Fair Hearing required by Sections 8.9 or 8.12 shall allow the Research
Committee and the Petitioner, its representatives and supporters to
discuss and debate the issues raised in the Fair Hearing Petition. Fair
Hearings shall be open to all DNSO members. The purpose of the Fair
Hearing shall be to seek consensus on the issues raised. After a Fair
Hearing has been held, the Research Committee shall report on the DNSO
web site whether consensus was reached, and if so, what was agreed by
those present. Fair Hearings shall be open in the same manner as Names
5.11 Second Request for Comments.
The Research Committee shall review all comments submitted in response to
the First Request for Comments and shall meet to discuss the issues
before it and prepare a new draft Report and Recommendation. This draft
Report and Recommendation shall be posted to the DNSO web site in the
form of a Second Request for Comments.
5.12 Fair Hearing on Changes to Proposal.
If, after the Second Request for Comments is published, any person,
corporation, or organization (the "Petitioner") feels that any new
proposals outlined by the Research Committee, not previously contained in
the First Request for Comments, either (i) places an unfair burden on the
Petitioner's personal, business, or organizational interests, or (ii) is
not in the best interests of the domain name system, the Petitioner may
request a Fair Hearing. The Petition for Fair Hearing shall contain the
items set forth above and any Fair Hearing shall take place in accord
with the provision above.
5.13 Final Request for Comments.
The Research Committee shall review all comments submitted in response to
the Second Request for Comments and shall meet to discuss the issues
before it and prepare a new draft Report and Recommendation. This draft
Report and Recommendation shall be posted to the DNSO section of the AIP
web site in the form of a Final Request for Comments.
5.14 Report to the Names Council.
After reviewing all comments submitted in response to the Final Request
for Comments, the Research Committee shall prepare a Report and
Recommendation for the Names Council. This Report and Recommendation
will be posted promptly to the DNSO web site.
5.15 Names Council Action.
After the Report and Recommendation is submitted to it, the Names Council
shall adopt the Report and Recommendation, reject it, or send it back to
the Research Committee with instructions for additional study and/or
drafting. In its discretion, the Names Council may submit a Report and
Recommendation to the General Assembly membership for ratification; if
this is done, the Report and Recommendation shall be forwarded to the
Elections Committee Chair, who shall arrange for a ratification vote. A
Report and Recommendation shall be deemed "Ratified by the DNSO General
Assembly" if a majority of those casting ballots vote in favor of the
Report and Recommendation. Each Report and Recommendation forwarded to
the ICANN Board shall clearly state whether it has been ratified by the
5.16 Submission of Report and Recommendation to ICANN.
If the Names Council adopts the Report and Recommendation or it is
approved by a vote of the DNSO membership, it shall be forwarded to ICANN
as the DNSO's "Report and Recommendation" on the issue(s) contained
6.0. ACCESS TO INFORMATION
6.1 Minutes and Reports.
The DNSO shall publish, at least annually, a report describing its
activities and including an audited financial statement and describing
any payments made by the DNSO to Directors (other than reimbursements of
expenses). Draft minutes of all DNSO meetings shall be published no later
than 48 hours. The Names Council at its next regular meeting will
formally approve minutes. All minutes, meetings, materials, and
communications of the DNSO (and any committees thereof) shall be made
publicly available immediately following approval by the Names Council.
6.2 DNSO Web Site.
The Names Council shall post on the a public World Wide Web Site:
(a) Periodically a calendar of scheduled meetings for the upcoming year
(b) in advance of each DNSO meeting or policy-recommendation proceeding,
a notice of the fact and time that such meeting or proceeding will be
held and, to the extent known an agenda for the meeting. If reasonably
practicable the Names Council shall post notices of special meetings of
the DNSO and of the Names Council at least fourteen (14) days prior to
the meetings. As appropriate, the Names Council will facilitate the
translation of final published documents into various appropriate
6.3 On-line Participation
To ensure international and diverse participation, the proceedings of the
DNSO and the Names Council, as well as all Committees of the DNSO, shall
to the fullest extent possible, be conducted on-line.
7.0 DUES, FEES, AND ASSESSMENTS
7.1 Review of Finances.
The DNSO may raise funds. The Names Council shall review the DNSO dues,
fees, and assessments at least annually to ensure that usual and expected
DNSO fiscal obligations will be satisfied.
7.2 Establishment of Dues, Fees, and Assessments.
Dues and fees shall be set by the Names Council annually. At the first
Names Council meeting of the year, the Chair shall present the fiscal
history, status and projections for the DNSO, and shall propose dues and
fees for the next year. The Names Council shall adopt dues and fees for
the next year in time to be reported by Chair to the General Assembly to
be effective the subsequent year.
8.0 CONFLICT OF INTEREST
Any by the Names Council in which a Names Council member is personally
and directly interested, shall be valid, provided (i) the fact of such
interest is previously disclosed or known to the Names Council, and (ii)
the Names Council shall nevertheless authorize, approve and ratify such
action at a meeting of the Names Council by a vote of a majority of the
members present, such interested member or members to be counted in
determining whether a quorum is present, but not to be counted in
calculating the majority of such quorum necessary to carry such vote.
The ICANN shall indemnify all Names Council members and those working as
agents of the DNSO for acts within their respective authorities to the
full extent permitted by the Not-For-Profit Corporation Law of the State
of California. Dues raised by the DNSO shall provide funds for any
necessary insurance to cover such indemnification obligations.
These DNSO By-laws shall be adopted by the ICANN as part of its By-laws
and/or board resolutions. Consequently, these DNSO By-laws may only be
amended by a 3/4 vote of both membership classes provided, that notice
have been mailed in writing to all members, stating the proposed
amendments in full, not less than twenty days prior to the meeting at
which such amendments to these By-laws are to be voted upon.
A. Term of office of Names Council members.
Names Council representatives shall be elected by their constituencies
and terms of office shall be staggered for continuity. The term of
office shall normally be of three years.
One-third of the membership of the initial Names Council must retire
after one year in office, and another one-third of the membership after a
In case a new constituency is recognised, and the Names Council decides
against allocating new seats, the vacancies arising may be filled by
representatives of the new constituency.
B. Normalisation of votes
Each side of the supplier/consumer equation shall receive a multiple of
the lowest common multiple of the number of seats in constituencies such
that each seat has an integer number of number of votes. Subject to
these constraints, the Names Council may decide how many votes are
available in total for a given number of seats and constituencies.
C. Balance between Suppliers and Consumers.
The total number of votes available to supplier constituencies shall be
equal to the total available to consumer constituencies.
D. Process for adding further constituencies.
Where it has been agreed that a prospective constituency has satisfied
the requirements in section B above, the names council must vote to
recognise the new constituency. A supermajority of at least 3/4 of the
votes must be in favour of recognition for the new constituency to be
accepted. Upon recognition of a new constituency, balance of votes
between suppliers and Consumers must be maintained. To achieve this, the
Names Council is free to add more seats to the council, remove seats from
the council and/or alter the weighting of each vote using normalisation
as described in section C above.
E. Constituency requirements.
The promoters of the proposed constituency must persuade the Names
Council that the proposed constituency:
(a) Complies with ICANN bylaws.
(b) Is globally diverse as far as possible. If some ICANN defined
region(s) have no representation at time of recognition as a
constituency, there must be fair, open processes for adding those
geographical regions when representation for those regions in that
constituency becomes possible.
(c) Has appropriate consensus procedures.
(d) Has no significant overlap with existing constituencies, and
procedures to ensure that this remains the case.
(e) Has a representative procedure for bringing people forward for the
Names Council. The constituency must declare whether it is a supplier or
F. Voting procedures in the Names Council
For the purposes of voting on the Names Council, a constituency may
delegate one or more of its Names Council representatives to participate
in the Names Council meeting. Votes assigned to the constituency shall
be divided be the number of constituency representatives present,
physically or electronically, at the meeting. Constituencies may
delegate any Names Council member to vote on their behalf. (e.g. if all
consumer constituencies were in agreement on an issue, it would be
necessary to only have one person present at the Names Council meeting to
represent all those constituencies and thus that person would represent
1/2 of the total votes available).
To change the status quo, a supermajority of at least 3/4 the total
number of votes must be in favour of the proposed change.
When voting to appoint the chair of the Names Council, the procedure will
involve single seat, single transferable voting. A candidate with (50%
+1) of the votes will automatically be elected. If the newly elected
chair is a member of the Names Council, that person shall lose their
voting rights on the Names Council and the affected constituency must
choose another representative to take their place.
Membership of the Names Council will not be a necessary qualification for
a candidate for the chair.
Andrew Q. Kraft, MAIP
Executive Director, Association of Internet Professionals (AIP)
More Info: http://www.association.org/